49 U.S.C. § 47171 — Expedited, coordinated environmental

Page 1676 TITLE 49—TRANSPORTATION § 47171 are omitted as surplus. The word ‘‘waive’’ is sub- stituted for ‘‘grant releases from’’ and ‘‘and to convey, quitclaim, or release any right or interest reserved to the United States by’’ to eliminate unnecessary words. The words ‘‘a term of a gift of an interest in property under this subchapter’’ are substituted for ‘‘any of the terms, conditions, reservations, and restrictions con- tained in . . . any such instrument of disposal’’ for clarity and consistency. In clause (1), the words ‘‘trans- ferred by such instrument’’ are omitted as surplus. In clause (2), the text of 50 App.:1622c (last proviso) is omitted as executed. The words ‘‘protect or’’ are omit- ted as surplus. In subsection (b), the words ‘‘In making any disposi- tion of surplus property under this subsection’’ are omitted as surplus. The words ‘‘Secretary of a military department’’ are substituted for ‘‘the Secretary of the Army, or the Secretary of the Navy’’ for consistency with other titles of the United States Code and to eliminate unnecessary words. The words ‘‘Secretary of the Army’’ are substituted for ‘‘Secretary of War’’ in section 13(g)(3) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the Na- tional Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air Force is included in ‘‘Secretary of a military department’’ because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). The word ‘‘waive’’ is substituted for ‘‘omit from the instrument of disposal’’ to eliminate unneces- sary words and for consistency in this subchapter. The words ‘‘conditions, reservations, and restrictions’’ are omitted as surplus. Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–63 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.’’ 2000—Subsec. (a)(1). Pub. L. 106–181, § 135(d)(3), sub- stituted ‘‘conveyance’’ for ‘‘gift’’ in introductory provi- sions and subpar. (B) and ‘‘conveyed’’ for ‘‘given’’ in subpar. (A). Subsec. (c). Pub. L. 106–181, § 125(d), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. CONSTRUCTION OF 2000 AMENDMENT Nothing in amendment by section 125(d) of Pub. L. 106–181 to be construed to authorize Secretary of Trans- portation to issue waiver or make a modification re- ferred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title. SUBCHAPTER III—AVIATION DEVELOPMENT STREAMLINING § 47171. Expedited, coordinated environmental review process (a) AVIATION PROJECT REVIEW PROCESS.—The Secretary of Transportation shall implement an expedited and coordinated environmental review process for airport capacity enhancement projects, terminal development projects, general aviation airport construction or improvement projects, and aviation safety projects that— (1) provides for streamlined coordination among the Federal, regional, State, and local agencies concerned with the preparation of en- vironmental impact statements or environ- mental assessments under the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) provides that all environmental reviews, analyses, opinions, permits, licenses, and ap- provals that must be issued or made by a Fed- eral agency or airport sponsor for such a project will be conducted concurrently, to the maximum extent practicable; and (3) provides that any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal agency or airport sponsor for such a project will be completed within a time period estab- lished by the Secretary, in cooperation with the agencies identified under subsection (d) with respect to the project. (b) AVIATION PROJECTS SUBJECT TO A STREAM- LINED ENVIRONMENTAL REVIEW PROCESS.— (1) IN GENERAL.—Any airport capacity en- hancement project, terminal development project, or general aviation airport construc- tion or improvement project shall be subject to the coordinated and expedited environ- mental review process requirements set forth in this section. (2) PROJECT DESIGNATION CRITERIA.— (A) IN GENERAL.—The Secretary may des- ignate an aviation safety project for priority environmental review. (B) REQUIREMENTS.—A designated project shall be subject to the coordinated and expe- dited environmental review process require- ments set forth in this section. (C) GUIDELINES.— (i) IN GENERAL.—The Secretary shall es- tablish guidelines for the designation of an aviation safety project or aviation secu- rity project for priority environmental re- view. (ii) CONSIDERATION.—Guidelines estab- lished under clause (i) shall provide for consideration of— (I) the importance or urgency of the project; (II) the potential for undertaking the environmental review under existing emergency procedures under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (III) the need for cooperation and con- current reviews by other Federal or State agencies; and (IV) the prospect for undue delay if the project is not designated for priority re- view. (c) HIGH PRIORITY OF AND AGENCY PARTICIPA- TION IN COORDINATED REVIEWS.— (1) HIGH PRIORITY FOR ENVIRONMENTAL RE- VIEWS.—Each Federal agency with jurisdiction over an environmental review, analysis, opin- ion, permit, license, or approval shall accord any such review, analysis, opinion, permit, li- cense, or approval involving a project de- scribed or designated under subsection (b) the highest possible priority and conduct the re- Page 1677 TITLE 49—TRANSPORTATION § 47171 view, analysis, opinion, permit, license, or ap- proval expeditiously. (2) AGENCY PARTICIPATION.—Each Federal agency described in subsection (d) shall formu- late and implement administrative, policy, and procedural mechanisms to enable the agency to participate in the coordinated envi- ronmental review process under this section and to ensure completion of environmental re- views, analyses, opinions, permits, licenses, and approvals described in subsection (a) in a timely and environmentally responsible man- ner. (d) IDENTIFICATION OF JURISDICTIONAL AGEN- CIES.—With respect to a project described or des- ignated under subsection (b), the Secretary shall identify, as soon as practicable, all Federal and State agencies that may have jurisdiction over environmental-related matters that may be af- fected by the project or may be required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related permit, license, or approval for the project. (e) STATE AUTHORITY.—Under a coordinated re- view process being implemented under this sec- tion by the Secretary with respect to a project at an airport within the boundaries of a State, the Governor of the State, consistent with State law, may choose to participate in such process and provide that all State agencies that have ju- risdiction over environmental-related matters that may be affected by the project or may be required by law to conduct an environmental-re- lated review or analysis of the project or deter- mine whether to issue an environmental-related permit, license, or approval for the project, be subject to the process. (f) MEMORANDUM OF UNDERSTANDING.—The co- ordinated review process developed under this section may be incorporated into a memo- randum of understanding for a project between the Secretary and the heads of other Federal and State agencies identified under subsection (d) with respect to the project and, if applicable, the airport sponsor. (g) USE OF INTERAGENCY ENVIRONMENTAL IM- PACT STATEMENT TEAMS.— (1) IN GENERAL.—The Secretary may utilize an interagency environmental impact state- ment team to expedite and coordinate the co- ordinated environmental review process for a project under this section. When utilizing an interagency environmental impact statement team, the Secretary shall invite Federal, State and Tribal agencies with jurisdiction by law, and may invite such agencies with special expertise, to participate on an interagency en- vironmental impact statement team. (2) RESPONSIBILITY OF INTERAGENCY ENVIRON- MENTAL IMPACT STATEMENT TEAM.—Under a co- ordinated environmental review process being implemented under this section, the inter- agency environmental impact statement team shall assist the Federal Aviation Administra- tion in the preparation of the environmental impact statement. To facilitate timely and ef- ficient environmental review, the team shall agree on agency or Tribal points of contact, protocols for communication among agencies, and deadlines for necessary actions by each in- dividual agency (including the review of envi- ronmental analyses, the conduct of required consultation and coordination, and the issuance of environmental opinions, licenses, permits, and approvals). The members of the team may formalize their agreement in a writ- ten memorandum. (h) LEAD AGENCY RESPONSIBILITY.—The Fed- eral Aviation Administration shall be the lead agency for projects described in subsection (b)(1) and shall be responsible for defining the scope and content of the environmental impact state- ment, consistent with regulations issued by the Council on Environmental Quality. Any other Federal agency or State agency that is partici- pating in a coordinated environmental review process under this section shall give substantial deference, to the extent consistent with applica- ble law and policy, to the aviation expertise of the Federal Aviation Administration. (i) EFFECT OF FAILURE TO MEET DEADLINE.— (1) NOTIFICATION OF CONGRESS AND CEQ.— If the Secretary determines that a Federal agen- cy, State agency, or airport sponsor that is participating in a coordinated review process under this section with respect to a project has not met a deadline established under sub- section (a)(3) for the project, the Secretary shall notify, within 30 days of the date of such determination, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastruc- ture of the House of Representatives, the Council on Environmental Quality, and the agency or sponsor involved about the failure to meet the deadline. (2) AGENCY REPORT.—Not later than 30 days after date of receipt of a notice under para- graph (1), the agency or sponsor involved shall submit a report to the Secretary, the Com- mittee on Transportation and Infrastructure of the House of Representatives, the Com- mittee on Commerce, Science, and Transpor- tation of the Senate, and the Council on Envi- ronmental Quality explaining why the agency or sponsor did not meet the deadline and what actions it intends to take to complete or issue the required review, analysis, opinion, permit, license, or approval. (j) PURPOSE AND NEED.— (1) IN GENERAL.—For any environmental re- view, analysis, opinion, permit, license, or ap- proval that must be issued or made by a Fed- eral or State agency that is participating in a coordinated review process under this section and that requires an analysis of purpose and need for the project, the agency, notwith- standing any other provision of law, shall be bound by the project purpose and need as de- fined by the Secretary. (2) DEADLINE.—The Secretary shall define the purpose and need of a project not later than 45 days after— (A) the submission of the appropriately completed proposed purpose and need de- scription of the airport sponsor; and (B) any appropriately completed proposed revision to a development project that af- fects the purpose and need description pre- viously prepared or accepted by the Federal Aviation Administration. Page 1678 TITLE 49—TRANSPORTATION § 47171 (3) ASSISTANCE.—The Secretary shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than 1 Federal agency. (k) ALTERNATIVES ANALYSIS.—The Secretary shall determine the reasonable alternatives to a project described or designated under subsection (b). Any other Federal agency, or State agency that is participating in a coordinated review process under this section with respect to the project shall— (1) consider only those alternatives to the project that the Secretary has determined are reasonable; and (2) limit the comments of the agency to— (A) subject matter areas within the special expertise of the agency; and (B) changes necessary to ensure the agency is carrying out the obligations of that agen- cy under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law. (l) SOLICITATION AND CONSIDERATION OF COM- MENTS.—In applying subsections (j) and (k), the Secretary shall solicit and consider comments from interested persons and governmental enti- ties in accordance with the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1503 of title 40, Code of Federal Reg- ulations. (m) COORDINATION AND SCHEDULE.— (1) COORDINATION PLAN.— (A) IN GENERAL.—Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environ- mental assessment, the Secretary of Trans- portation shall establish a plan for coordi- nating public and agency participation in and comment on the environmental review process for a project described or designated under subsection (b). The coordination plan may be incorporated into a memorandum of understanding. (B) CLOUD-BASED, INTERACTIVE DIGITAL PLATFORMS.—The Secretary is encouraged to utilize cloud-based, interactive digital plat- forms to meet community engagement and agency coordination requirements under subparagraph (A). (C) SCHEDULE.— (i) IN GENERAL.—The Secretary shall es- tablish as part of such coordination plan, after consultation with and the concur- rence of each participating agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project spon- sor), a schedule for— (I) interim milestones and deadlines for agency activities necessary to com- plete the environmental review; and (II) completion of the environmental review process for the project. (ii) FACTORS FOR CONSIDERATION.—In es- tablishing the schedule under clause (i), the Secretary shall consider factors such as— (I) the responsibilities of participating agencies under applicable laws; (II) resources available to the cooper- ating agencies; (III) overall size and complexity of the project; (IV) the overall time required by an agency to conduct an environmental re- view and make decisions under applica- ble Federal law relating to a project (in- cluding the issuance or denial of a per- mit or license) and the cost of the project; and (V) the sensitivity of the natural and historic resources that could be affected by the project. (iii) MAXIMUM PROJECT SCHEDULE.—To the maximum extent practicable and con- sistent with applicable Federal law, the Secretary shall develop, in concurrence with the project sponsor, a maximum schedule for the project described or des- ignated under subsection (b) that is not more than 2 years for the completion of the environmental review process for such projects, as measured from, as applicable, the date of publication of a notice of in- tent to prepare an environmental impact statement to the record of decision. (iv) DISPUTE RESOLUTION.— (I) IN GENERAL.—Any issue or dispute that arises between the Secretary and participating agencies (or amongst par- ticipating agencies) during the environ- mental review process shall be addressed expeditiously to avoid delay. (II) RESPONSIBILITIES.—The Secretary and participating agencies shall— (aa) implement the requirements of this section consistent with any dis- pute resolution process established in an applicable law, regulation, or le- gally binding agreement to the max- imum extent permitted by law; and (bb) seek to resolve issues or disputes at the earliest possible time at the project level through agency employ- ees who have day-to-day involvement in the project. (III) SECRETARY RESPONSIBILITIES.— (aa) IN GENERAL.—The Secretary shall make information available to each cooperating and participating agency and project sponsor as early as practicable in the environmental re- view regarding the environmental, his- toric, and socioeconomic resources lo- cated within the project area and the general locations of the alternatives under consideration. (bb) SOURCES OF INFORMATION.—The information described in item (aa) may be based on existing data sources, in- cluding geographic information sys- tems mapping. (IV) COOPERATING AND PARTICIPATING AGENCY RESPONSIBILITIES.—Each cooper- ating and participating agency shall— (aa) identify, as early as practicable, any issues of concern regarding any po- Page 1679 TITLE 49—TRANSPORTATION § 47171 1 So in original. Probably should be ‘‘subparagraph (E)(ii)(I)— ’’. tential environmental impacts of the project, including any issues that could substantially delay or prevent an agency from completing any environ- mental review or authorization re- quired for the project; and (bb) communicate any issues de- scribed in item (aa) to the project sponsor. (V) ELEVATION FOR MISSED MILE- STONE.—If a dispute between the Sec- retary and participating agencies (or amongst participating agencies) causes a milestone to be missed or extended, or the Secretary anticipates that a permit- ting timetable milestone will be missed or will need to be extended, the dispute shall be elevated to an official des- ignated by the relevant agency for reso- lution. The elevation of a dispute shall take place as soon as practicable after the Secretary becomes aware of the dis- pute or potential missed milestone. (VI) EXCEPTION.—Disputes that do not impact the ability of an agency to meet a milestone may be elevated as appro- priate. (VII) FURTHER EVALUATION.—If a reso- lution has not been reached at the end of the 30-day period after a relevant mile- stone date or extension date after a dis- pute has been elevated to the designated official, the relevant agencies shall ele- vate the dispute to senior agency leader- ship for resolution. (D) CONSISTENCY WITH OTHER TIME PERI- ODS.—A schedule under subparagraph (C) shall be consistent with any other relevant time periods established under Federal law. (E) MODIFICATION.— (i) IN GENERAL.—Except as provided in clause (ii), the Secretary may lengthen or shorten a schedule established under sub- paragraph (C) for good cause. The Sec- retary may consider a decision by the project sponsor to change, modify, expand, or reduce the scope of a project as good cause for purposes of this clause. (ii) LIMITATIONS.— (I) LENGTHENED SCHEDULE.—The Sec- retary may lengthen a schedule under clause (i) for a cooperating Federal agen- cy by not more than 1 year after the lat- est deadline established for the project described or designated under subsection (b) by the Secretary. (II) SHORTENED SCHEDULE.—The Sec- retary may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or other- wise carry out relevant obligations of the Federal agency for the project. (F) FAILURE TO MEET DEADLINE.—If a co- operating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)— 1 (i) the cooperating Federal agency shall, not later than 10 days after failing to meet the deadline, submit to the Secretary a re- port that describes the reasons why the deadline was not met; and (ii) the Secretary shall— (I) submit to the Committee on Trans- portation and Infrastructure of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate a copy of the report under clause (i); and (II) make the report under clause (i) publicly available on a website of the De- partment of Transportation. (G) DISSEMINATION.—A copy of a schedule under subparagraph (C), and of any modifica- tions to the schedule under subparagraph (E), shall be— (i) provided to all participating agencies and to the State department of transpor- tation of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and (ii) made available to the public. (2) COMMENT DEADLINES.—The Secretary shall establish the following deadlines for comment during the environmental review process for a project: (A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such statement, unless— (i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause. (B) For all other comment periods estab- lished by the lead agency for agency or pub- lic comments in the environmental review process, a period of not more than 45 days from availability of the materials on which comment is requested, unless— (i) a different deadline is established by agreement of the Secretary, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause. (3) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—In any case in which a decision under any Federal law relating to a project described or designated under subsection (b) (including the issuance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Secretary made all final decisions of the lead agency with respect to the project or 180 days after the date on which an application was submitted for the permit or license, the Sec- retary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and publish on a website of the De- partment of Transportation— (A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and Page 1680 TITLE 49—TRANSPORTATION § 47171 (B) every 60 days thereafter until such date as all decisions of the Federal agency relat- ing to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Fed- eral agency that remain outstanding as of the date of the additional notice. (4) INVOLVEMENT OF THE PUBLIC.—Nothing in this subsection shall reduce any time period provided for public comment in the environ- mental review process under existing Federal law, including a regulation. (n) CONCURRENT REVIEWS AND SINGLE NEPA DOCUMENT.— (1) CONCURRENT REVIEWS.—Each partici- pating agency and cooperating agency under the expedited and coordinated environmental review process established under this section shall— (A) carry out the obligations of such agen- cy under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of such agency to conduct needed analysis or other- wise carry out such obligations; and (B) formulate and implement administra- tive, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a time- ly, coordinated, and environmentally re- sponsible manner. (2) SINGLE NEPA DOCUMENT.— (A) IN GENERAL.—To the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environmental docu- ment prepared under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the Secretary. (B) USE OF DOCUMENT.— (i) IN GENERAL.—To the maximum extent practicable, the Secretary shall develop an environmental document sufficient to sat- isfy the requirements for any Federal ap- proval or other Federal action required for the project, including permits issued by other Federal agencies. (ii) COOPERATION OF PARTICIPATING AGEN- CIES.—In carrying out this subparagraph, other participating agencies shall cooper- ate with the lead agency and provide time- ly information. (C) TREATMENT AS PARTICIPATING AND CO- OPERATING AGENCIES.—A Federal agency re- quired to make an approval or take an ac- tion for a project, as described in this para- graph, shall work with the Secretary to en- sure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project. (D) EXCEPTIONS.—The Secretary may waive the application of subparagraph (A) with respect to a project if— (i) the project sponsor requests that agencies issue separate environmental doc- uments; (ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or (iii) the Secretary determines that reli- ance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the en- vironmental review process for the project. (3) PARTICIPATING AGENCY RESPONSIBIL- ITIES.—An agency participating in the expe- dited and coordinated environmental review process under this section shall— (A) provide comments, responses, studies, or methodologies on areas within the special expertise or jurisdiction of the agency; and (B) use the process to address any environ- mental issues of concern to the agency. (o) ENVIRONMENTAL IMPACT STATEMENT.— (1) IN GENERAL.—In preparing a final envi- ronmental impact statement under the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project described or designated under subsection (b), if the Sec- retary modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the Secretary may write on errata sheets attached to the statement instead of re- writing the draft statement, subject to the condition that the errata sheets— (A) cite the sources, authorities, and rea- sons that support the position of the agency; and (B) if appropriate, indicate the cir- cumstances that would trigger agency re- appraisal or further response. (2) SINGLE DOCUMENT.—To the maximum ex- tent practicable, for a project subject to a co- ordinated review process under this section, the Secretary shall expeditiously develop a single document that consists of a final envi- ronmental impact statement and a record of decision, unless— (A) the final environmental impact state- ment or record of decision makes substan- tial changes to the project that are relevant to environmental or safety concerns; or (B) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the environmental impacts of the pro- posed action. (3) LENGTH OF ENVIRONMENTAL DOCUMENT.— (A) IN GENERAL.—Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not in- cluding any citations or appendices. (B) EXTRAORDINARY COMPLEXITY.—An envi- ronmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices. (p) INTEGRATION OF PLANNING AND ENVIRON- MENTAL REVIEW.— (1) IN GENERAL.—Subject to paragraph (5) and to the maximum extent practicable and Page 1681 TITLE 49—TRANSPORTATION § 47171 appropriate, the following agencies may adopt or incorporate by reference, and use a plan- ning product in proceedings relating to, any class of action in the environmental review process of a project described or designated under subsection (b): (A) The lead agency for a project, with re- spect to an environmental impact state- ment, environmental assessment, categor- ical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) A cooperating agency with responsi- bility under Federal law with respect to the process for and completion of any environ- mental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.), if con- sistent with such Act. (2) IDENTIFICATION.—If a lead or cooperating agency makes a determination to adopt or in- corporate by reference and use a planning product under paragraph (1), such agency shall identify the agencies that participated in the development of the planning products. (3) ADOPTION OR INCORPORATION BY REF- ERENCE OF PLANNING PRODUCTS.—Such agency may— (A) adopt or incorporate by reference an entire planning product under paragraph (1); or (B) select portions of a planning project under paragraph (1) for adoption or incorpo- ration by reference. (4) TIMING.—The adoption or incorporation by reference of a planning product under para- graph (1) may— (A) be made at the time the lead and co- operating agencies decide the appropriate scope of environmental review for the project; or (B) occur later in the environmental re- view process, as appropriate. (5) CONDITIONS.—Such agency in the environ- mental review process may adopt or incor- porate by reference a planning product under this section if such agency determines, with the concurrence of the lead agency, if appro- priate, and, if the planning product is nec- essary for a cooperating agency to issue a per- mit, review, or approval for the project, with the concurrence of the cooperating agency, if appropriate, that the following conditions have been met: (A) The planning product was developed through a planning process conducted pursu- ant to applicable Federal law. (B) The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian Tribes. (C) The planning process included broad multidisciplinary consideration of systems- level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment. (D) The planning process included public notice that the planning products produced in the planning process may be adopted dur- ing any subsequent environmental review process in accordance with this section. (E) During the environmental review proc- ess, the such agency has— (i) made the planning documents avail- able for public review and comment by members of the general public and Fed- eral, State, local, and Tribal governments that may have an interest in the proposed project; (ii) provided notice of the intention of the such agency to adopt or incorporate by reference the planning product; and (iii) considered any resulting comments. (F) There is no significant new informa- tion or new circumstance that has a reason- able likelihood of affecting the continued validity or appropriateness of the planning product or portions thereof. (G) The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientif- ically acceptable methodologies. (H) The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet re- quirements for use of the information in the environmental review process. (I) The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accord- ance with, and is sufficient to meet the re- quirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations. (6) EFFECT OF ADOPTION OR INCORPORATION BY REFERENCE.—Any planning product or portions thereof adopted or incorporated by reference by such agency in accordance with this sub- section may be— (A) incorporated directly into an environ- mental review process document or other en- vironmental document; and (B) relied on and used by other Federal agencies in carrying out reviews of the project. (q) REPORT ON NEPA DATA.— (1) IN GENERAL.—The Secretary shall carry out a process to track, and annually submit to the Committee on Transportation and Infra- structure of the House of Representatives, the Committee on Commerce, Science, and Trans- portation of the Senate, the Committee on Natural Resources of the House of Representa- tives, and the Committee on Environment and Public Works of the Senate a report on projects described in subsection (b)(1) that contains the information described in para- graph (3). (2) TIME TO COMPLETE.—For purposes of para- graph (3), the NEPA process— (A) for an environmental impact state- ment— (i) begins on the date on which a notice of intent is published in the Federal Reg- ister; and (ii) ends on the date on which the Sec- retary issues a record of decision, includ- ing, if necessary, a revised record of deci- sion; and Page 1682 TITLE 49—TRANSPORTATION § 47171 (B) for an environmental assessment— (i) begins on the date on which the Sec- retary makes a determination to prepare an environmental assessment; and (ii) ends on the date on which the Sec- retary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary. (3) INFORMATION DESCRIBED.—The informa- tion referred to in paragraph (1) is, with re- spect to the Federal Aviation Administra- tion— (A) the number of proposed actions for which a categorical exclusion was applied by the Secretary during the reporting period; (B) the number of proposed actions for which a documented categorical exclusion was applied by the Secretary during the re- porting period; (C) the number of proposed actions pend- ing on the date on which the report is sub- mitted for which the issuance of a docu- mented categorical exclusion by the Sec- retary is pending; (D) the number of proposed actions for which an environmental assessment was issued by the Secretary during the reporting period; (E) the length of time the Administration took to complete each environmental assess- ment described in subparagraph (D); (F) the number of proposed actions pend- ing on the date on which the report is sub- mitted for which an environmental assess- ment is being drafted by the Secretary; (G) the number of proposed actions for which a final environmental impact state- ment was completed by the Secretary during the reporting period; (H) the length of time that the Secretary took to complete each environmental im- pact statement described in subparagraph (G); (I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact state- ment is being drafted; and (J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of such proposed actions for which— (i) project funding has been identified; and (ii) all other Federal, State, and local ac- tivities that are required to allow the pro- posed action to proceed are completed. (4) DEFINITIONS.—In this section: (A) ENVIRONMENTAL ASSESSMENT.—The term ‘‘environmental assessment’’ has the meaning given such term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (B) ENVIRONMENTAL IMPACT STATEMENT.— The term ‘‘environmental impact state- ment’’ means a detailed statement required under section 102(2)(C) of the National Envi- ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (C) NEPA PROCESS.—The term ‘‘NEPA process’’ means the entirety of the develop- ment and documentation of the analysis re- quired under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), in- cluding the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency par- ticipation and public involvement required to be carried out before the Secretary under- takes a proposed action. (D) PROPOSED ACTION.—The term ‘‘pro- posed action’’ means an action (within the meaning of the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out. (E) REPORTING PERIOD.—The term ‘‘report- ing period’’ means the fiscal year prior to the fiscal year in which a report is issued under subsection (a). (Added Pub. L. 108–176, title III, § 304(a), Dec. 12, 2003, 117 Stat. 2534; amended Pub. L. 115–254, div. B, title I, § 191(a), title V, § 539(q), Oct. 5, 2018, 132 Stat. 3238, 3371; Pub. L. 118–63, title VII, § 783, May 16, 2024, 138 Stat. 1302.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(1), (b)(2)(C)(ii)(II), (k)(2)(B), (l), (n)(1)(A), (2)(A), (D)(ii), (o)(1), (p)(1), (5)(I), and (q)(4)(C), (D), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–63, § 783(1)(A), struck out ‘‘develop and’’ after ‘‘shall’’ and substituted ‘‘projects, terminal development projects, general aviation air- port construction or improvement projects, and avia- tion safety projects’’ for ‘‘projects at congested air- ports, general aviation airport construction or im- provement projects, aviation safety projects, and avia- tion security projects’’ in introductory provisions. Subsec. (a)(1). Pub. L. 118–63, § 783(1)(B), substituted ‘‘streamlined’’ for ‘‘better’’. Subsec. (b). Pub. L. 118–63, § 783(2), added subsec. (b) and struck out former subsec. (b) which related to avia- tion projects subject to a streamlined environmental review process, including airport capacity enhance- ment projects at congested airports, general aviation airport construction or improvement projects, and aviation safety and aviation security projects. Subsec. (c)(1). Pub. L. 118–63, § 783(3), substituted ‘‘a project described or designated under subsection (b)’’ for ‘‘an airport capacity enhancement project at a con- gested airport or a project designated under subsection (b)(3)’’. Subsec. (d). Pub. L. 118–63, § 783(4), substituted ‘‘a project described or designated under subsection (b)’’ for ‘‘each airport capacity enhancement project at a congested airport or a project designated under sub- section (b)(3)’’. Subsec. (h). Pub. L. 118–63, § 783(5), substituted ‘‘de- scribed in subsection (b)(1)’’ for ‘‘designated under sub- section (b)(3) and airport capacity enhancement projects at congested airports’’. Subsec. (j). Pub. L. 118–63, § 783(6), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (k). Pub. L. 118–63, § 783(7), substituted ‘‘a project described or designated under subsection (b)’’ for ‘‘an airport capacity enhancement project at a con- gested airport or a project designated under subsection Page 1683 TITLE 49—TRANSPORTATION § 47171 (b)(3)’’; inserted dash after ‘‘project shall’’ and par. (1) designation before ‘‘consider’’; substituted ‘‘; and’’ for period at end; and added par. (2). Subsec. (l). Pub. L. 118–63, § 783(8), substituted ‘‘and section 1503 of title 40, Code of Federal Regulations.’’ for period at end. Subsecs. (m) to (q). Pub. L. 118–63, § 783(9), added sub- secs. (m) to (q) and struck out former subsec. (m). Prior to amendment, text of subsec. (m) read as follows: ‘‘The Transportation Infrastructure Streamlining Task Force, established by Executive Order 13274 (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews), may monitor airport projects that are subject to the coordi- nated review process under this section.’’ 2018—Subsec. (a). Pub. L. 115–254, § 191(a)(1), inserted ‘‘general aviation airport construction or improvement projects,’’ after ‘‘congested airports,’’ in introductory provisions. Subsec. (b)(2), (3). Pub. L. 115–254, § 191(a)(2), added par. (2) and redesignated former par. (2) as (3). Subsecs. (c)(1), (d), (h), (k). Pub. L. 115–254, § 191(a)(3)–(6), substituted ‘‘subsection (b)(3)’’ for ‘‘sub- section (b)(2)’’. Subsec. (l). Pub. L. 115–254, § 539(q), substituted ‘‘4321’’ for ‘‘4371’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out an Effec- tive Date of 2003 Amendment note under section 106 of this title. CATEGORICAL EXCLUSIONS Pub. L. 118–63, title VII, § 788, May 16, 2024, 138 Stat. 1314, provided that: ‘‘(a) CATEGORICAL EXCLUSION FOR PROJECTS OF LIM- ITED FEDERAL ASSISTANCE.—An action by the Adminis- trator [of the Federal Aviation Administration] to ap- prove, permit, finance, or otherwise authorize any air- port project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA [Fed- eral Aviation Administration] Order 1050.1F (or any successor document), if such project— ‘‘(1) receives less than $6,000,000 (as adjusted annu- ally by the Administrator to reflect any increases in the Consumer Price Index prepared by the Depart- ment of Labor) of Federal funds or funds from charges collected under section 40117 of title 49, United States Code; or ‘‘(2) has a total estimated cost of not more than $35,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total es- timated project cost. ‘‘(b) CATEGORICAL EXCLUSION IN EMERGENCIES.—An ac- tion by the Administrator to approve, permit, finance, or otherwise authorize an airport project that is under- taken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categor- ical exclusion under FAA Order 1050.1F (or any suc- cessor document), if such project is— ‘‘(1) for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State with concurrence of the Administrator or for a dis- aster or emergency declared by the President pursu- ant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ‘‘(2) in the same location with the same capacity, dimensions, and design as the original airport facil- ity, runway, taxiway, or similar structure as before the declaration described in this section; and ‘‘(3) commenced within a 2-year period beginning on the date of a declaration described in this section. ‘‘(c) EXTRAORDINARY CIRCUMSTANCES.—The presump- tion that an action is covered by a categorical exclu- sion under subsections (a) and (b) shall not apply if the Administrator determines that extraordinary cir- cumstances exist with respect to such action. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to impact any aviation safety au- thority of the Administrator. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) CATEGORICAL EXCLUSION.—The term ‘categor- ical exclusion’ has the meaning given such term in section 1508.1(d) of title 40, Code of Federal Regula- tions. ‘‘(2) PUBLIC-USE AIRPORT; SPONSOR.—The terms ‘pub- lic-use airport’ and ‘sponsor’ have the meanings given such terms in section 47102 of title 49, United States Code.’’ UPDATING PRESUMED TO CONFORM LIMITS Pub. L. 118–63, title VII, § 789, May 16, 2024, 138 Stat. 1315, provided that: ‘‘Not later than 24 months after the date of enactment of this Act [May 16, 2024], the Ad- ministrator [of the Federal Aviation Administration] shall take such actions as are necessary to update the FAA’s [Federal Aviation Administration’s] list of ac- tions that are presumed to conform to a State imple- mentation plan pursuant to section 93.153(f) of title 40, Code of Federal Regulations, to include projects relat- ing to the construction of aircraft hangars.’’ FINDINGS Pub. L. 108–176, title III, § 302, Dec. 12, 2003, 117 Stat. 2533, provided that: ‘‘Congress finds that— ‘‘(1) airports play a major role in interstate and for- eign commerce; ‘‘(2) congestion and delays at our Nation’s major airports have a significant negative impact on our Nation’s economy; ‘‘(3) airport capacity enhancement projects at con- gested airports are a national priority and should be constructed on an expedited basis; ‘‘(4) airport capacity enhancement projects must include an environmental review process that pro- vides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and ‘‘(5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and dead- lines, and work to protect the environment while sus- taining the economic vitality that will result from the continued growth of aviation.’’ LIMITATIONS Pub. L. 108–176, title III, § 308, Dec. 12, 2003, 117 Stat. 2539, provided that: ‘‘Nothing in this subtitle [subtitle A (§§ 301–309) of title III of Pub. L. 108–176, enacting this subchapter, amending sections 40104, 47106, and 47504 of this title, and enacting provisions set out as notes under this section], including any amendment made by this title [enacting this subchapter and amending sec- tions 40104, 40128, 47106, 47503, and 47504 of this title], shall preempt or interfere with— ‘‘(1) any practice of seeking public comment; ‘‘(2) any power, jurisdiction, or authority that a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project; and ‘‘(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 [4321] et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act.’’ RELATIONSHIP TO OTHER REQUIREMENTS Pub. L. 108–176, title III, § 309, Dec. 12, 2003, 117 Stat. 2540, provided that: ‘‘The coordinated review process re- Page 1684 TITLE 49—TRANSPORTATION § 47172 quired under the amendments made by this subtitle [enacting this subchapter and amending sections 40104, 47106, and 47504 of this title] shall apply to an airport capacity enhancement project at a congested airport whether or not the project is designated by the Sec- retary of Transportation as a high-priority transpor- tation infrastructure project under Executive Order 13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infra- structure project reviews).’’ § 47172. Air traffic procedures for airport capac- ity enhancement projects at congested air- ports (a) IN GENERAL.—The Administrator of the Federal Aviation Administration may consider prescribing flight procedures to avoid or mini- mize potentially significant adverse noise im- pacts of an airport capacity enhancement project at a congested airport that involves the construction of new runways or the reconfigura- tion of existing runways during the environ- mental planning process for the project. If the Administrator determines that noise mitigation flight procedures are consistent with safe and ef- ficient use of the navigable airspace, the Admin- istrator may commit, at the request of the air- port sponsor and in a manner consistent with applicable Federal law, to prescribing such pro- cedures in any record of decision approving the project. (b) MODIFICATION.—Notwithstanding any com- mitment by the Administrator under subsection (a), the Administrator may initiate changes to such procedures if necessary to maintain safety and efficiency in light of new information or changed circumstances. (Added Pub. L. 108–176, title III, § 304(a), Dec. 12, 2003, 117 Stat. 2537.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out an Effec- tive Date of 2003 Amendment note under section 106 of this title. § 47173. Airport funding of FAA staff (a) ACCEPTANCE OF SPONSOR-PROVIDED FUNDS.—Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may accept funds from an air- port sponsor, including funds provided to the sponsor under section 47114(c), to hire additional staff or obtain the services of consultants— (1) to facilitate the timely processing, re- view, and completion of environmental activi- ties associated with an airport development project; (2) to conduct special environmental studies related to an airport project funded with Fed- eral funds; (3) to conduct special studies or reviews to support approved noise compatibility meas- ures described in part 150 of title 14, Code of Federal Regulations; (4) to conduct special studies or reviews to support environmental mitigation in a record of decision or finding of no significant impact by the Federal Aviation Administration; and (5) to facilitate the timely processing, re- view, and completion of environmental activi- ties associated with new or amended flight procedures, including performance-based navi- gation procedures, such as required navigation performance procedures and area navigation procedures. (b) ADMINISTRATIVE PROVISION.—Instead of payment from an airport sponsor from funds ap- portioned to the sponsor under section 47114, the Administrator, with agreement of the sponsor, may transfer funds that would otherwise be ap- portioned to the sponsor under section 47114 to the account used by the Administrator for ac- tivities described in subsection (a). (c) RECEIPTS CREDITED AS OFFSETTING COLLEC- TIONS.—Notwithstanding section 3302 of title 31, any funds accepted under this section, except funds transferred pursuant to subsection (b)— (1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted; (2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and (3) shall remain available until expended. (d) MAINTENANCE OF EFFORT.—No funds may be accepted pursuant to subsection (a), or trans- ferred pursuant to subsection (b), in any fiscal year in which the Federal Aviation Administra- tion does not allocate at least the amount it ex- pended in fiscal year 2002 (excluding amounts ac- cepted pursuant to section 337 of the Depart- ment of Transportation and Related Agencies Appropriations Act, 2002 (115 Stat. 862)) for the activities described in subsection (a). (Added Pub. L. 108–176, title III, § 304(a), Dec. 12, 2003, 117 Stat. 2537; amended Pub. L. 112–95, title V, § 503, Feb. 14, 2012, 126 Stat. 103.) Editorial Notes REFERENCES IN TEXT Section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002, referred to in subsec. (d), is section 337 of Pub. L. 107–87, Dec. 18, 2001, 115 Stat. 862, which is not classified to the Code. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–95 substituted ‘‘services of consultants—’’ for ‘‘services of consultants in order to facilitate the timely processing, review, and comple- tion of environmental activities associated with an air- port development project.’’ and added pars. (1) to (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically pro- vided, see section 3 of Pub. L. 108–176, set out an Effec- tive Date of 2003 Amendment note under section 106 of this title. § 47174. Authorization of appropriations In addition to the amounts authorized to be appropriated under section 106(k), there is au- thorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502),